Republic of the Philippines

Department of Education
Region I
Schools Division Office I Pangasinan
BAYAMBANG NATIONAL HIGH SCHOOL
SENIOR HIGH SCHOOL
Bayambang, Pangasinan

Intellectual Property,
MODULE WEEK

7 Copyright, and Fair Use Guidelines 7

INTRODUCTION

In the preliminary modules, you have understood that while messages are conveyed based on how their senders package them,
the end meaning would still fall upon how the receiver interprets such message. One message sent to different people may have varying
meanings to each one as well but there are also some messages that the people, although different in perspective, interpr et such in the
same way. This complex construct of meaning making can be understood by looking into the language of media and information. Every
day, you are bombarded with countless information, content, and media messages which you are compelled to interpret and give meaning
to. Today, in the Information Age, you are able to acquire, use, and share information from various sources. However, the extent of this
freedom to consume and share information has its own legal and ethical boundaries, limits that you as a media and information producer
and consumer must be aware of.

This module will help you learn the legal and ethical policies that govern you as a media consumer in using and sharing data and
information you obtain.

YOUR TARGETS

Learning Competency:
Cite practical situation when to apply knowledge in intellectual property, copyright and fair use guidelines.

Learning Objectives:

After going through this module, you are expected to:

1. Explain Piracy and the Intellectual Property Law of the Philippines ;
2. List examples of situation that shows the application of knowledge in intellectual property, copyright, and fair use guidelines; and
3. Understand how to use information fairly.

What I Know: Pretest

Direction: Write the letter of the correct answer in a separate sheet of paper.

1. A type of plagiarism where writer provides inaccurate information regarding the sources, making it impossible to find them.
A. The Misinformer B. The Resourceful Citer C. The Perfect Crime D. The Self-Stealer
2. A type of plagiarism where writer turns in another’s work, word-for-word, as their own.
A. The Ghost Writer B. The Photocopy C.The Potluck Paper D. The Labor of Laziness
3. A legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work.
A. Cyberbullying D. Copyright C. Fair Use D. Patent
4. This means that you can use copyrighted materials without license only for certain purposes.
A. Cyberbullying D. Copyright C. Fair Use D. Patent
5. . An act or instance of using or closely imitating the language and thoughts of another author without authorization.
A. Copyright B. Cyber Bullying C. Digital Divide D. Plagiarism

DO THIS

Activity #1
Direction: Figure out what these terms are by filling out the blank boxes.

Learning Module in Media and Information Literacy Module #7 Page 1 of 6

 I N T L T A L P O E T Y

2. P I A Y

3. C O Y R G T
4. I F R N G M N T

5. A T N

6. P A G A I S

7. R D E A R
8. T A E S C E

9. A I R U E

10. G O T W I T R
Were you able to get all correct answers? You may check the Answer Key. The words that you have figured out are some of the
terms that are associated with the ethical and legal use of media and information.

LESSON PROPER

Have you ever shared an inspiring photo or quote on Facebook? or Instagrammed a meme you found online? A lot of what we
consider everyday media culture is built on this kind of casual information and content sharing. However, in those moments, did you ever
think about where that content came from or if you were even allowed to use it? What happens when what you are sharing is som eone
else’s property? Or could harm somebody? The media and information age, especially the Internet, gave tons of people access to tools for
communication and media creation but also opened up many legal loopholes and ethical challenges. Given its widespread use and the
vast majority who now have access to an array of information, media and information has been the subject of legal and ethical problems.
While its positive implications are undeniable, there are issues that come along with it. Here are the major issues that you need to know.

PIRACY

What is Piracy?

According to UNESCO, "PIRACY" includes the reproduction and distribution of copies of copyright-protected material, or the
communication to the public and making available of such material on on-line communication networks, without the authorization of the
right owner(s) where such authorization is required by law. Piracy concerns different types of works, including music, literature, films,
software, videogames, broadcasting programs and signals.

INTELLECTUAL PROPERTY

What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works designs and symbols,
names and images used in commerce.

What is Intellectual Property Rights?

According to World Intellectual Property Organization (WIPO) Intellectual Property rights allow creators, or owners, of patents,
trademarks or copyrighted works to benefit from their own work or investment in a creation.

Why Intellectual Property Rights is Important?

According the U.S. Chamber of Commerce, intellectual property rights are important because:

 it creates and supports high-paying jobs;

 it drives economic growth and competitiveness;
 it protects consumers and families;
 it generates breakthrough solutions to global challenges; and
 it encourages innovation and rewards entrepreneurs.

In addition, Intellectual property rights, according to WIPO, reward creativity and human endeavor, which fuel the progress of
humankind. An example would be: Without the rewards provided by the patent system, researchers and inventors would have little
incentive to continue producing better and more efficient products for consumers.

The Intellectual Property Code of the Philippines (RA 8293) states that the State recognizes that an effective intellectual and
industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign
investments, and ensures market access for our products.

Learning Module in Media and Information Literacy Module #7 Page 2 of 6

 Republic Act No. 8293 or the Intellectual Property Code of the Philippines

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY
OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES

It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property
and creations, particularly when beneficial to the people, for such periods as provided in this Act. The use of intellectual property
bears a social function.

TYPES OF INTELLECTUAL PROPERTY

1. PATENT. Patent is an exclusive right granted for an invention. It provides the patent owner with the right to decide how - or
whether - the invention can be used by others

2. TRADEMARKS. Trademark is a sign capable of distinguishing the goods or services of one enterprise from those of
other enterprises.

Examples of Trademarks:

What is Trademark infringement?

Trademark Infringement is any action of breaking an agreement or a law, without the permission of the owner.

Example:
ORIGINAL

ORIGINAL
INFRINGE

INFRINGE

3. COPYRIGHT. Copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole
right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive
payment for that reproduction. An author may grant or sell those rights to others, including publishers or recording companies. Violation of
a copyright is called infringement.

Copyright Owner has the Right to:

1. Make copies of their own work.
2. Sell, publish or distribute copies.
3. Prepare new works based on the original.
Source: http://www.wikimedia.org/

Requirements for Copyright Protection:

1. Original: independently created by the author. It can be similar to other works, it can be any quality, must be created without copying
from someone else.
2. Physical or fixed in a tangible medium: digital (computer, DVD, cell phone, tablet) paper, magnetic tape (VCR, cassette).
3. Creative: copyright does not protect facts (historical, biographical, news, scientific)

Copyrights include the following RIGHTS:

 The right to reproduce

 The right to distribute
 The right to display or perform the work in public
 The right to create derivatives of an original work

REPUBLIC ACT 8293 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

Type of Copyrighted Works Validity Period
Literary Works During the lifetime of the author plus 50 years after death
Learning Module in Media and Information Literacy Module #7 Page 3 of 6
Art 25 years from the date of creation
Photographic work 50 years from publication
Audio-Visual Work 50 years from publication
Sound Recording 50 years from year recording took place
Broadcast Recording 20 years from date of broadcast
Trademark Valid for 10 years and may be renewed for periods of 10 years
Invention Patent Valid for 20 years from Filing date application

*** Note to the learner: When copyright expires, the work becomes public domain. Public Domain means it will become available for
public use, and cannot be privately owned.

What is Plagiarism?

Plagiarism is an act or instance of using or closely imitating the language and thoughts of another author without authorization;
the representation of that author's work as one's own, as by not crediting the original author.

Types of Plagiarism

 Sources Not Cited

1. The Ghost Writer -The writer turns in another’s work, word-for-word, as his or her own.
2. The Photocopy - The writer copies significant portions of text straight from a single source, without alteration.
3. The Potluck Paper - The writer copies from several different sources, tweaking the sentences to make them fit together while
retaining most of the original phrasing.
4. The Poor Disguise - The writer has altered the paper’s appearance slightly by changing key words and phrases.
5. The Labor of Laziness - The writer takes the time to paraphrase most of the paper from other sources and make it all fit
together.
6. The Self-Stealer - The writer “borrows” generously from his or her previous work.

 Sources Cited (BUT STILL PLAGIARIZED)

1. The Forgotten Footnote - The writer mentions an author’s name for a source, but neglects to include specific information on the
location of the material referenced.
2. The Misinformer - The writer provides inaccurate information regarding the sources, making it impossible to find them.
3. The Too-Perfect Paraphrase - The writer properly cites a source, but neglects to put in quotation marks on text that has been
copied word-for-word, or close to it.
4. The Resourceful Citer - The writer properly cites all sources, paraphrasing and using quotations appropriately. The catch? The
paper contains almost no original work!
5. The Perfect Crime - The writer properly quotes and cites sources in some places, but goes on to paraphrase other arguments
from those sources without citation.

What is Fair Use?

Fair Use allows reproduction of copyrighted works for criticism, comment, news reporting, teaching, scholarship and research.

Four Factors of Fair Use:

1. The purpose of reproduction.
2. The nature of the original work.
3. What percentage of the original work is reproduced?
4. Any effect on market (sales) potential of the original.
Source: http://www.flickr.com/photos/sixteenmilesofstring/2596569134/

Guidelines for Fair Use:

 A Majority of the content you create must be your own.

 Give credit to the copyright holder
 Don’t make money off of the copyrighted work

Activity #2: Case Analysis (True / False.)

Direction: Analyze the following scenario and decide whether it signifies fair use or not.

Scenario #1: A student is writing a report for science class and uses copyright images downloaded from the Internet and cited correctly.
He submits his project to a competition that recognizes classroom work for students and wins a price for the school. This is covered under
fair use.
Your Answer: ___________

Scenario #2: A student brings a CD to school and lends it to a friend to put in his keynote presentation. This is fair use.
Your Answer: ___________

Scenario #3: A teacher produces a student video that they sell at the end of the year to buy equipment for the school. They use well
known popular music clips. The money all goes to the school and the songs are fully listed in the credits. This is covered under fair use.
Your Answer: ___________
Learning Module in Media and Information Literacy Module #7 Page 4 of 6
Were you able to get all correct answers? You may check the Answer Key. The activity you’ve just answered emphasize how fair use can
be applied in real life scenario.

Remember!: Internet is NOT EQUAL ( ≠) to Public Domain

Works published online are copyright protected

1. Do not post another's work on a website or social media site as your intellectual property. This applies to teachers and professors who
post articles on websites.
*** Inside Physical or virtual classroom is ok, online for the world to see is not ok.
2. Give credit to authors, blogs or the web address where the work originates.
3. Sharing and re-posting via social media such as Facebook is acceptable because the original work is not reproduced – it links to the
original.

Get Permission When:

1. The original will be used in commercial or non-educational work.
2. Multiple copies are needed.
3. The work will be distributed outside of class.
4. If in doubt, ask first.

CREATIVE COMMONS

What is Creative Commons?

Creative Commons is an American non-profit organization devoted to expanding the range of creative works available for others to build
upon legally and to share. The organization has released several copyright-licenses known as Creative Commons licenses free of charge
to the public. You can visit their website at https://creativecommons.org/about/

Attribution: You must credit the

creator.

Non-Commercial: You can't make a

profit.

No Derivative Works: You can't

change the content.

Share Alike: You can change the

content, but you have to let other
people use your new work with the Photo Credit: http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair-
use?playlist=Blog_Basics
same license as the original.
WHAT I HAVE LEARNED?

Remember the following:

 Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works designs and symbols,
names and images used in commerce.
 Patent is an exclusive right granted for an invention. It provides the patent owner with the right to decide how - or whether - the
invention can be used by others.
 Trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
 Copyright is a legal device authorizing the creator of a literary piece, artistic work, musicals or other creative compositions the
sole right to publish and sell such work.
 Plagiarism is an instance of using or closely imitating the language and thoughts of another author without authorization.
 Republic Act No. 8293 or the Intellectual Property Code of the Philippines is an act prescribing the intellectual property code and
establishing the intellectual property office, providing for its powers and functions, and for other purposes.
 Fair use means you can use copyrighted materials without license only for certain purposes as long as you will use it only in
commentary, criticism, reporting, research, and teaching purpose.
 Public Domain means it will become available for public use, and cannot be privately owned.

ACTIVITY
Direction: Answer the questions found in activity sheet Number 7.1

ASSESSMENT
General Direction: Write the letter of the correct answer in a separate sheet of paper.
Part I: Multiple Choices

1. RA 8293 is also known as _________.

A. Intellectual Property Code of the Philippines B. Cybercrime Law C. Anti-cyberbullying Law D. Anti-Terrorism Act of 2020
2. It is a type of plagiarism where the writer properly quotes and cites sources in some places, but goes on to paraphrase other arguments
from those sources without citation.
A. The Ghost Writer B. The Misinformer C. The Perfect Crime D. The Potluck Paper
3. Which of the following represent copyright symbol?
Learning Module in Media and Information Literacy Module #7 Page 5 of 6
A. TM B. © C. @ D. None of the choices
4. What is Piracy?
A. Copying, distribution, and use of any material B. Distribution of legal materials
C. Illegal distribution of copyright-protected material D. None of these
5. What is Intellectual Property (IP)?
A. Creation of mind B. Design and Symbol C. Literary and artistic work D. All of these are correct
6. What do they call an action that violates the rights protected by a copyright??
A. Plagiarism B. Infringement C. Trespassing D. None of these is correct

Part II: True / False

7. I can legally burn back-up DVDs for my own movie home collection.
A. True B. False
8. I can legally upload scenes from my favorite Hollywood movies to Youtube.com.
A. True B. False
9. If it doesn't have a copyright notice, then it isn't copyrighted and I can use it in any way I want.
A. True B. False
10. If I rent a DVD I can copy it for later or repeat viewing.
A. True B. False

REINFORCEMENT ACTIVITY

1. Direction: Perform the activity found in activity sheet Number 7.2

2. Direction: Perform the activity found in activity sheet Number 7.3
3. Assignment: Conduct further research about the Republic Act No. 8293 or the Intellectual Property Code of the Philippines and look for
the indicated fines / penalties in each violation. Note: This activity is only intended to expand your understanding about the IP Code of the
Philippines, any information you gathered is NOT required to be submitted.

SUMMARY

Intellectual Property: What, Who, When, Where

What is intellectual property? A creation of the mind.
Three types of intellectual property? Patent, Trademark, and Copyright
What is copyright? Law that protects literary or artistic works.
Who owns copyright? The author, artist or creator.
What are the requirements for copyright protection? Work must be original, physical and creative.
Where is public domain? Works that are free for public use are in the public domain.

REFERENCES

Media and Information Literacy by Boots C. Liquigan, Diwa

Media and Information Literacy Curriculum Guide by DepEd
Media and Information Literacy Senior High School Alternative Delivery Mode by DepEd
Media and Information Literacy by QuexBook
http://www.wipo.int/about-ip/en/
https://www.rappler.com/move-ph/39566-up-student-admits-plagiarized-photos
https://www.legalzoom.com/articles/posting-cover-songs-on-youtube-what-you-need-to-
knowhttp://www.ipophil.gov.ph/images/Patents/IRRs/RepublicAct8293.pdf
http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
https://creativecommons.org/about/
http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair-use?playlist=Blog_Basics
https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/
https://csulb.libguides.com/copyrightforfaculty/scenarios

Key Answer: 5. D Post Test

Activity #1: 4. C
1. A 6. B
3. D
2. C 7. B - False
1. INTELLECTUAL PROPERTY 2. A 3. B 8. B - False
2. PIRACY 1. A 4. C 9. B - False
3. COPYRIGHT Pre Test 5. D 10. B - False
4. INFRINGEMENT
5. PATENT
6. PLAGIARISM Activity #2
7. TRADEMARK
8. TRADE SECRET 1. False – It was used in a contest that accumulates winnings.
9. FAIR USE 2. True – It was just used for presentation purpose.
10. GHOST WRITER 3. False – There’s a monetary involvement in the said activity.

Learning Module in Media and Information Literacy Module #7 Page 6 of 6